- (1.) Leave granted.
(2.) This apeal is directed against the judgment and award passed by the High Court of Karnataka and the claimant is the appellant. The appellant was travelling in a KSRTC bus bearing No. CAF 3590 on 26-2-1989. The bus was driven in high speed and in a rash and negligent manner ; when the bus reached Ningadahalli village, passed through a pit on the road, the appellant sustained an injury on right eye as a broken glass piece of window-pane hit her eye resulting in visual disability to the extent of 35%. She filed a claim petition before the Motor Accident Claims Tribunal seeking compensation. The Tribunal passed an award granting Rs. 53, 500/- along with interest @ 9%. On appeal by the respondent, the High Court by the impugned judgment set aside the award passed by the Tribunal. Hence this appeal.
(3.) The defence of the respondent before the Tribunal was that the said bus was not at all involved in the accident. The Tribunal on the basis of evidence recorded a finding that the bus was involved in the accident. Before the High Court, the only question that came up for consideration was whether the motor accident occurred at all as alleged.;